Tag: oia

The new Minister supporting Greater Christchurch Regeneration, Hon Nicky Wagner, has refused to release the contents of a document tabled at a 21 December 2016 meeting between Crown negotiators and Church Property Trustee representatives.

Entire pages of the document, embedded below, were redacted under the obligation of confidence and negotiation sections of the Official Information Act.

The Minister recently released various cabinet documents in relation to the Cathedral stalemate, including a 13 December 2016 cabinet paper presented by previous Minister Gerry Brownlee a week before the meeting. It recommended the approval of a $10 million payment toward the Cathedral reinstatement and a $15 million credit facility. In a Stuff article Minister Brownlee said that the offer was made in December, but diocesan chancellor Jeremy Johnson said no binding offer had been received.

Crown Law has provided figures under the Official Information Act on the money and time spent in relation to legal work completed in respect of Kim Dotcom and his associates which amounts to more than $5.8 million.

Crown Law writes that the United States Department of Justice is not reimbursing New Zealand for any of these expenses, even though the cases largely relate to charges that they wish to bring against Mr Dotcom and his associates.

Crown Law hours spent

The figures:

are as at 8 February 2017;

include work on both domestic and mutual assistance (United States initiated extradition) legal proceedings;

exclude work completed to provide advice to other Government Departments, for example the Police or the GCSB who respectively picked up the bill for Crown Law’s advice to them; and

Using a conservative estimate of the value of the time spent ($140 per hour,1 which is the rate a Crown Law junior prosecutor would be billed out as – senior solicitors’ time is likely worth more, support staffs’ likely less), this comes to around NZD $3.6 million.

Disbursements

New Zealand has also covered the bill for work completed by external counsel on Crown Law’s behalf and expenses paid by Crown Law in relation to the Dotcom/Megaupload matters – another NZD $2.2 million.

This includes: $1.98 million on external barrister/solicitor fees, $171,800 on travel and accommodation, $23,151 on Court filing fees, $20,125 on photocopying, and $17,356 on professional fees including research material.

An excessive burden?

At least NZD $5.8 million has been spent on Kim Dotcom et al. by New Zealand so far, and it begs the question: was it worth it?

Should we have refused the United States’ mutual assistance request when it was made? Section 27(g)(i) of the Mutual Assistance in Criminal Matters Act 1992 allows New Zealand to refuse a request made by a foreign country if “in the opinion of the Attorney-General, the provision of assistance would impose an excessive burden on the resources of New Zealand”.

Kim Dotcom had hundreds of millions of dollars worth of assets before the raid on his home and it’s not a shock that he has aggressively defended the cases brought against him.

If spending $5.8 million+ has not been an excessive burden on New Zealand, what amount would be?

At around 5:15pm today the Department of Internal Affairs released some of the information they hold on Peter Thiel’s application for New Zealand citizenship, emailed on mass to those who had made requests under the Official Information Act.

Peter Thiel has never lived in New Zealand and doesn’t plan to live in New Zealand. He’s a controversial figure. We looked past that because of a few New Zealand business investments, public speaking engagements, and a donation to the Canterbury earthquake relief fund.

Neil Strauss wrote a book in 2009 called Emergency about disaster preparedness. In one part he investigates the trend of the super rich applying for secondary citizenship in another country. They wanted to be prepared when “the shit hits the fan” by having a Plan B country to retreat to if there was some sort of disaster. Strauss said New Zealand would be a great country to have citizenship in but that our requirements are so strict. He settled for Saint Kitts and Nevis.

When you’re Peter Thiel and are worth US$2.7 billion, I guess you don’t need to settle.

Thiel has his Plan B, New Zealand, but don’t expect to see him around unless the world is falling apart.

PHARMAC currently funds the human papillomavirus (HPV) vaccine for all girls under 20. The intention is that through ‘herd immunity’, males will be protected too. However, herd immunity does not help males who exclusively have sex with other males (and herd immunity doesn’t kick in for males at all until female vaccination rates are above a certain percentage).

The Ministry of Health’s Immunisation Handbook even recommends the HPV vaccine (and the Hepatitis A vaccine) for men who have sex with men (MSM). MSM are at higher risk for HPV infection, anal cancer and high-grade anal intraepithelial neoplasia. They are more likely to acquire HPV compared to other males. But they’d need to pay around $500 to buy the vaccine’s three doses themselves.

The application’s status is now ‘ranked’, which PHARMAC describes as “prioritised; PHARMAC has assessed the application and has ranked it against other funding options”. It has had this status since November 2013, well over two years.

It is preferable to vaccinate people at a younger age to reduce the chances of exposure to HPV strains prior to vaccination–the younger people are vaccinated, the stronger the immunogenicity. PHARMAC sitting on this means that for some people the vaccine will be less effective when it is eventually funded than if they received it today.

Below: PHARMAC’s response to an Official Information Act request on this topic. The funding of medicines is a numbers game so naturally all mentions of relevant dollar figures have been redacted by the agency.

In the interests of full disclosure, I filed a Human Rights Commission complaint about this issue last year.

If you hold a school ball or formal could you please answer the following questions? Do you have a policy on same-sex dates? If so, could you please email me a copy of that policy?

In the past, has the school banned same-sex dates from attending the school ball or formal? If so, could you please provide details?

Do you have a policy on parties before/after the school ball or formal? If so, could you please email me a copy of that policy? [note that if schools interpreted this as a written policy, many will have responded with no policy when they do indeed have common practices and procedures]

And here’s the meat of the replies.

Same-sex dates

Darfield High is perhaps one of the more honest schools, and might not deserve to be in the same category as the other schools listed below. They admit that in the past same-sex partners weren’t permitted at their balls. This would have happened at other schools too.

Greymouth High School elect a king and queen. This probably happens at other schools too. Is it an inclusive practice?

‘Case by case basis’ is mentioned a lot in these replies. This doesn’t apply to opposite-sex dates that want to attend to the ball. Is it fair to subject same-sex dates to an additional process, just because of their sex?

Rejecting friends and mates of the same-sex as partners also came up. Are friends and mates of the opposite sex declined as dates? Is having to be gay, or having to prove that you’re gay, by signing something, or whatever, to take a same-sex date to a ball/formal acceptable?

Inviting sports teams to the formal/ball also came up as an excuse to treat same-sex couples differently. I wonder if the members of a mixed sports team attending the formal/ball would, as one schools says, “make a mockery out of the occasion”. I wonder how many times a same-sex sports team has attended the event at these schools. If it has happened, I wonder if they are being slightly over-dramatic regarding the negative effect it caused.

Christchurch Adventist School is the only school, out of those that actually replied, that flat-out says same-sex dates wouldn’t be permitted.

Campion College says they “generally [do not permit same-sex dates] due to a previous issue with vandalism”. I wonder if effectively banning same-sex dates is the best solution for this situation. I wonder how vandalism of a significant nature can occur during a supervised event.

Here’s what St Patrick’s College Wellington (the one that was in the news last year) said:

“Do you have a policy on same-sex dates? No we do not.

Has the school banned same-sex dates in the past? No as this has never arisen before.

Do you have a policy on parties before/after the school ball or formal? No we do not.”

—

Wellington Girls College

“No we don’t have a policy on same sex dates. If girls are in a same sex relationship they can bring their partner but we deal with this on a case by case basis. No we haven’t banned a same sex partner – we have said no to a friend from another school who just wants to come along to go to the ball though.”

“No we don’t have a policy on parties before/after ball. We simply say to parents and girls we don’t support after ball parties and if we hear of them we tell the Police. Pre ball parties – we ask parents to be vigilant.”

Sancta Maria College

“We do not have a policy on same sex dates although outside ‘partners’ cannot be “mates” of the same sex” “The students understand that all we are trying to avoid is a group of boys for example arranging to bring their Rugby Club team to the Ball by having them as ‘partners’. This is not the purpose of the Ball.”

“We do not have a policy but the school strongly discourages pre-ball and post-ball parties where alcohol is served.”

Darfield High School

No policy, same-sex dates not recently banned: “I have been at the school for 2 and a half years. I have been told that some years prior to this there was some issue with same sex dates.”

No policy on functions

St Thomas of Canterbury College

“Our students seem to have a wide circle of female friends and there has been no demand or requests from our students beyond that to date. If a student wanted to bring a same sex relationship partner we would be happy to accommodate that on a case by case basis.” No response to my request to elaborate.

“Our school ball is a community model ie the majority of parents and staff attend so the function is 50% student 50% adult. In terms of pre ball and post ball functions we work together with our students and discuss the pros and cons of these and inherent problems as well as safe measures if hosting in the home. As our function starts quite early at 6.30pm, involves a dinner and ball and finishes at 1am, our students have chosen in recent years not to have formally arranged after parties at booked venues.”

Christchurch Adventist School

As a Christian Adventist school (“Special Character – and biblical same-sex dating is not accepted as part of the faith community”). Also as we have students from Years 0-13 and hence we don’t encourage any relationships of any kind. We are a small area school so monitoring and dealing with the issues are manageable.

No policy on functions

Campion College

“The College does not have a written policy on same sex partners but generally does not permit it due to a previous issue with vandalism created when a group of students brought their ‘mates’ from another school. We reserve the right to decline any partners from outside the College attending.” Me: “So that’s more to stop troublemakers who are coming as friends, not dates?” “That’s correct.”

Ball finishes at 1am to try to discourage after parties

Kavanagh College

No policy – “I would however draw the line at say, for example, half the 1st XI soccer boys (or netball girls or whomever) want to take the other half just to make a mockery out of the occasion.”

“Like most schools we would prefer they did not occur. The main issue for the Board and management of the college is safety. In the past we have written/communicated to parents and students giving them firm advice and guidelines about safety and the legal ramifications of under-age drinking, or running large scale pre or post events etc. To date we have been fortunate that any events of this type, if they have occurred, have been well organised and managed by a wide group of parents.”

St Bede’s College

“I wouldn’t have a problem with it. However, it would have to be a senior management decision if the issue came up. As it hasn’t to date no policy has been made.”

No policy on functions

Tauranga Boys’ College

“We do not have a specific policy on same sex dates attending but treat each case as an individual situation. Last year we had two males from the college attend the ball together. I’m unaware of their sexual preferences as it wasn’t an issue in the decision being made.” “If the situation arises we will talk it through with those involved and then make a decision.”

“We discourage pre-balls and after-balls and reserve the right to cancel the ball if we are are aware of a gathering being planned involving significant numbers. We appeal to our parents to use their judgement and manage the situation sensibly. I have refered to this in my latest newsletter which will be available on our website in a couple of days. We start the ball at 6.30 with a formal meal for yr 13 students only and try to make the ball itself the main event of the evening for our students.”

School attitudes towards balls/formals

Martin Isberg from Wainuiomata High School points out that in every letter about their formal/ball they have sent out over the past few years, “press coverage after a couple of incidents in Auckland” has been included.

Breath testing and bag searching came up a bit, which is concerning from a civil rights standpoint.

In similar Big Brother fashion, Craighead Diocesan School requests a list of all the students attending before ball events.

Other schools mentioned making students not want to leave the event, or making it finish late so students wouldn’t have after parties.

Some schools have dinners and other events instead of balls/formals.

Thames High School notes that parents in conjunction with a student committee and community health providers have previously organised a controlled after ball with limits on alcohol, security, food, non-alcoholic drinks and transport being provided and attendance limited. But now it’s frowned upon by the police, and I assume the students run their own, less well supervised after parties.

General replies, with policies or comments

Albany Senior High School

No policy on same-sex dates

“If our Principal hears anything about an after ball party then the ball will be cancelled”

Alfriston College

No policy on same-sex dates

“If your child does intend to attend any Pre-Ball function we ask that you ensure that no alcohol is consumed. The Police have made it quite clear that they will close down any organised After-Ball event.”

No policy on same-sex dates, “all applications for [outside] dates to our ball are treated equally”, application to bring date from outside school involves references from their school or employer/other non-related reputable adult

No involvement with functions, allows SADD (students against drunk driving) representatives to liaise with senior students to discuss safe options, responsible parents organize after ball (including buses, supervision and bouncers), local police make an appearance, never had any problems

Aranui High School

No policy on same-sex dates

“We take every step to ensure that intoxicated students are removed by security guards before entry to the venue of the formal.”

Aurora College

No policy on same-sex dates

No policy on functions – small school, no problems in past with after functions

Awatapu College

No written policy on same-sex dates, “students are free to bring a partner of their choice”

No written policy on functions, reserves the right to reject partners based on behavioral history. “Students under the influence of drugs or alcohol will not be admitted to the ball and parents will be contacted to come and collect them. We have tight security and supervision, which includes a search prior to entry, in addition to the filter of the principal’s reception line.” “If we hear of any large scale organised parties, we inform the police.”

Bayfield High School

No policy on same-sex dates

No policy on functions, “but we do have policies around alcohol and the school. You have not requested those.” Not encouraged, not banned, schools name cannot be used. Must arrive at formal sober. Before ball parties have never been an issue.

Cashmere High School

No policy on same-sex dates

“We ask for information about them but send a letter to all parents explaining that we are not involved in these in any way.”

Central Hawkes Bay College

No policy on same-sex dates

Urge students to be sensible, generally have good co-operation from students and wider community

Coastal Taranaki School

No policy on same-sex couples

“Parties (if involving [drugs and alcohol]) are not sanctioned by the Board”

Craighead Diocesan School

No policy on same-sex dates

Letter to students/parents ask them to let the school know if they’re planning on holding a before formal event. Asks for list of students attending. Recommends limits on alcohol. Parents and students sign form stating that there will be no after formal functions.

“They all know that if they turn up intoxicated they will be refused entry. We employ security to assist and bags are checked prior to entry. If alcohol was found they would be sent home. Years ago students did run an organised after ball that went off without problems. The following year it fell through and didn’t happen and since that time there has never been an organised after ball in the sense of organised venue, alcohol via the entry ticket, security guards organised or parent organised.”

Epsom Girls’ Grammar School

No policy on same-sex dates

Police talk to students about legal issues around pre and after ball parties. Forward information to families from the police and council regarding these events.

“The School follows a practice of discussing each year with senior students whether or not a school ball will be held and, if so, what arrangements or conditions will apply, including such topics as who will be invited and any associated events”

Hamilton Girls’ High School

No policy on same-sex dates

Can breath test on entry

Hurunui College

No policy on same-sex dates

“We often have breath testing before entry. We are not obliged to hold a ball and the health and safety of our students is paramount. We do not want to have students in car smashjes or suffereing alcohol poisoning after a school organised event.”

Hutt Valley High School

No policy on same-sex dates

All students breath tested and bags checked, no level of alcohol is permitted, parents asked not to hold pre-ball events

Require 85% attendance to attend the ball, students may not leave until 30 minutes before the ball ends

No policy on same-sex dates, “the rules of justice and equity apply to everyone”

No policy on functions, no events sanctioned by school

Kelston Girls’ College

No policy on same-sex dates

No policy on functions

Expectations covered by letter sent to parents

Lincoln High School

No policy on same-sex dates

No policy on functions

One approved alcohol-free after ball is organized by youth workers

Macleans College

No policy on same-sex dates

We have made a ruling that if there is a post-ball party planned the ball will be cancelled.

Mana College

No policy on same-sex dates

EXpect students to arrive and leave sober

Maniototo Area School

No policy on same-sex dates

Any after party is not a school function.

Manurewa High School

No policy on same-sex dates

Search students on entry to ball venue “as required by the venue” and have breath testing there to be used if necessary. School Police Constable attends and the Police are notified of the event

Matamata College

No policy on same-sex dates

Tickets not allowed to be sold at school, reserve the right to breath test at the ball

Middleton Grange School

No policy on same-sex dates

Letter to parents/students suggests alcohol not be available at post-formal functions, along with other recommendations around supervision. – Pupils are not to be involved in pre-functions where alcohol is available. The school requests that parents provide vigilant oversight in this important matter and be consistent with this policy. Pupils will not be permitted entry if they do not abide by this request.

We do however ask that pre ball parties are alcohol free. This year we intend to breath test as students arrive. We expect that there will not be any after parties. The school does not associate itself with any such event and would contemplate cancelling the formal if any were organised.

New Plymouth Girls’ High School

No policy on same-sex dates

“Small family gatherings in private homes with family and friends are permitted. Large pre-after ball events are not permitted. Our stance mirrors that of the police that is outlined in the letter they sent to schools. Gatherings planned in secret, sale of tickets, provision of alcohol to minors, buses to and from venues are deemed to be illegal gatherings.The police will be notified if any events of this nature come to our notice. We test any attendee at the ball that we suspect to be under the influence.”

Newlands College

No policy on same-sex dates, “queer students obviously have the same rights as any other students”. “We have peviously had students bring same-sex partners to the ball without any issue being made.”

No policy on functions

Opotiki College

No policy on same-sex dates

Breath test all ball goers at door so there can be no drinking at pre-balls. Post-ball gatherings are registered with local police so they can keep an eye on.

All students breath tested on entry, if a student fails the test they can get picked up by their parents or wait in a secure area and get retested after an hour, after a second failure parents are contacted and disciplinary action occurs the next school day, Police are called if it is an outside partner

Papatoetoe High School

No policy on same-sex dates

“We provide local authorities with any information they request with regard to the timing of our ball, etc.”

Piopio College

No policy on same-sex dates

“The Ball is being held on the assurance of the Student Council that no ‘after-ball’ function will take place.”

“Students have not these last two years organised formal parties either before or after and I have a request to extend the hours of the ball as they are not planning any other event this year either”

Rangiora High School

No policy on same-sex dates

Know they take place, give guidelines to parents, students not admitted entry if they are “tanked up”

Rangitoto College

No policy on same-sex dates

After balls effectively banned. “The College is organising the ball on condition that it is not followed by any large scale ‘After Ball’ function. Should the College be informed of such an event then the Ball will be cancelled. If the event occurs subsequent to the Ball then school management would have to consider very carefully whether they would be prepared to run any school balls in the future.

Any student who is involved in the organisation of such an large scale after ball function will be considered by the school management to have undertaken an act of Gross Misconduct as defined by Section 14 (1) (a) of the Education Act and will have to face a Board disciplinary hearing.

We are happy with the idea of small functions after the Ball in private homes where parents take responsibility for supervising the safety of students. If you are planning to have a group to your house after the Ball and would like to check whether it fits our criteria, please don’t hesitate to ring”

Rathkeale College

Runs ball with St Matthew’s Collegiate (Masterton)

No policy on same-sex dates

No policy on functions

“While some student leavers’ may gather pre-ball, this is not an issue as from about 4.00pm students are gathered at our schools for photographs etc and the ball commences at 6.00pm. After the ball most students and their parents stay in accommodation provided at the venue. There is overwhelming parental control at the ball and after the ball. It is a function that is not officially a school function. It is organised by parents for their Year 13 sons and daughters who have actually left school, but the two principals have the say on how it managed. The arrangement works very well for our schools.”

Reefton Area School

No policy on same-sex dates

We actively discourage pre-ball post-ball parties and promote that position widely in the community. It doesn’t stop it happening mainly because parents arrange them.

Reporoa College

No policy on same-sex dates

No policy – “we do however have a practice of breathalysing upon entry to the ball”

No policy – “Cannot comment on past as i haven’t been here long enough”

“I issue a statement in a letter to ball going students that we will not tolerate after ball parties. If I hear of one I reserve the right to cancel the ball.”

Selwyn College

No policy on same-sex dates

No policy – supports parents concern re pre/post ball functions, reminds them that serving liquor to minors at any function would breach licensing arrangements and that functions should be supervised and have food available; don’t condone after ball functions either

Shirley Boys’ High School

No policy on same-sex dates

Visually check for influence of alcohol/drugs, no authority to ban after ball parties

Southland Boys’ High School

No policy on same-sex dates

The students, parents and police hold an after ball function. This is not a school event as such, but is managed by parents and the police with the support and co-operation of the school. It is the only after ball event that is sanctioned by the school. As part of the work we do with police and health workers, after ball activities and acceptable behaviours are negotiated with the students. We have not had any issues with students, parents, police with regard to this

St Hildas Collegiate

No policy on same-sex dates

“SADD Committee organise a post formal function – it is not a school event and is run by SADD representatives and parents. This event has been very successful and extremely well supervised.”

St John’s College (Hastings)

No policy on same-sex dates

“We do not allow after ball parties. Our statement to parents is that if we find out a large after ball party is being organised we will cancel the ball.”

St Mary’s College (Ponsonby)

No policy on same-sex dates

“We write in the letter to parents and students that the school does not approve of any pre-ball and after-ball parties. Parents and students are required to sign the return slip in the letter to say they understand these are the conditions for the students to attend the ball.”

St Peter’s College (Palmerston North)

No policy on same-sex dates

Senior charity evening instead of ball – “pre and after-functions are NOT acceptable”

No policy on same-sex dates – in a typical year all date applications are approved

No policy on functions – no involvement

“Given the recent event we are in the process of preparing information for a policy which will be in place for any ball held from 2012.”

Takapuna Grammar School

No policy on same-sex dates

Actively discourage the holding of after-balls

Tauranga Girls’ College

No policy on same-sex dates

“We have a contract signed by those attending that they will obey the TGC code of conduct while at the ball and that they will not organise or attend post ball events of the paid tickets / alcohol supplied / secret venue type.”

Tawa College

No policy on same-sex dates

“A breathalyser will be present and students may be randomly tested to check that the specified boundaries with regard to alcohol have been respected.” “The Formal is the main event of the evening. We do not want to hear of large parties occurring either before the Formal, or after the Formal is over. Such parties, in our experience, bring trouble of one sort or another, reflect very badly on the school, and can cause considerable grief to parents if they get out of hand.”

“We have told students of our intention to breath-test all students, with any students who return a positive test being denied entry to the Ball. We also intend to randomly test students during the course of the evening to guard against students ‘smuggling’ alcohol into the function. – there has been a Safe After-Ball Party. This has been organised by a student committee supported by parents and community health providers. This function was organised following Alcoholic Liquor Advisory Council (ALAC) guidelines, and included strict limits on the type and quantity of alcohol that students could take into the function, a high level of security being provided, entry restricted to students who had attended the Ball, food and non-alcoholic drinks being provided, and transport provided to and from the venue (so that no students were driving). Over the past two years the context for such functions has changed. Police no longer support this concept, particularly because it is now considered to breach the law in relation to students under the legal age being supplied with alcohol, and a place to consume alcohol.”

No policy on functions. “Each year the local police are present at the start of the Ball and also pop in during the event.”

Wainuiomata High School

No policy on same-sex dates

“If we become aware of any large-scale organised function on the night, we will pass that information on to the Police.”

Waitaki Girls’ High School

No policy on same-sex dates

No policy on functions. “I am aware that there is an after formal function which parents and the police organise completely independent of this school.”

Wanganui Girls’ College

No policy on same-sex dates

“Our ball is run as a private event off school site by senior students and their parents and what they choose to do before or after the ball we consider their business. We advise parents and students that they should be cautious of arranging such events, but in the end, it is their business.”

Wellington East Girls’ College

No policy on same-sex dates

“Students often attend pre ball functions at the homes of parents. The functions are alcohol free events.”

Western Springs College

No policy on same-sex dates

“If we receive information about the organisation of an after-ball event involving the illegal supply of alcohol, we will pass this on to the NZ Police. Students have been advised not to organise large scale pre- or after-ball events and not to sell tickets for such events which offer the bearer the illegal supply of alcohol.”

‘[in response to another post] This, and your other suggestions, are undermining the spirit and intent of the OIA. It is not up to the schools to decide whether they should hand over information based on any criteria of use or who is requesting it.

It’s not about being polite, it’s ensuring that the “norm” does not become something where those providing information under OIA have more wriggle room out of providing it than the law provides.’

Official Information Act guidance for schools

‘Official Information Act (OIA) Requests: From time to time boards bear the brunt of broad requests or fishing type expeditions. A recent case in point is a request in the past couple of weeks from the Leader of the Oppositions office to principals for information relating to national standards. We have had calls from boards and principals about the time and effort these sorts of things create. A reminder of the process when dealing with an OIA request (see very helpful guidelines from the Ombudsmen).

you should ensure that the board are aware of any information that is intended to be released from any member of staff

you have up to 20 days to respond to the request (in certain cases you can defer for administrative reasons – but this is limited)

If the request relates to “work in progress” you may not be able to provide a definitive answer to what is requested and you should identify that is the case.

you should ensure that what information the board supplies does not compromised the privacy of any individual(s)

you are not required to write an extensive response – often a yes/no, numbers or simply a copy of the material will do

sometimes it is not possible to establish the exact information eg if you are asked how much training has been undertaken specifically for one purpose it may be difficult to separate this out from the normal PD undertaken in the school. There is no requirement to establish new separate databases for such things, particularly where this would require additional administrative costs.’

The 20 day bullet point is interesting because the OIA states: “as soon as reasonably practicable, and in any case not later than 20 working days”.

‘Beverley Wakem says the Office has observed an increasing tendency by a few government departments and Ministerial offices to ignore the provisions of the Official Information Act over the timing of responses to requesters.

“While in some cases this was clearly a misunderstanding of their obligations, there is also a regrettable tendency to game the system and delay responses until the complainants’ interest in the matter had passed,” she says.’ [emphasis mine]

Learn from my mistakes

Wording of the emails

1) When sending a request to multiple recipients, test it with a few first. Then make appropriate changes. Including ‘procedures and practices’ in my request might have been a good idea. However most schools got the idea that by policies, I also meant procedures and practices.

The follow-up email

2) Ask for the recipient to tell you when they have received your request. That opens the door for you to send a nice email a few days later to make sure they got your first email if they haven’t replied.

Some schools appreciated the half way follow-up reminder. Others didn’t. Probably because of the Ombudsman line.

3) Let them know that you know the time limit. “I look forward to your response within 20 working days.” Or you can calculate the day.

Just to clarify, there are other responses, they’re just not included in this post. These are the ones that I thought were interesting, for one reason or another, and are more based around transparency and the Official Information Act process than same-sex dates and after parties.

Does anyone remember St Patrick’s College in Wellington? Last year in June a story broke about how a male student, who happened to be gay, wasn’t allowed to bring a male friend (and ex-student) to his school ball/formal. The school said it was a management issue if they allowed ex-students or boys from other schools to attend school events.

Official Information Act

Idiot/Savant suggested sending an Official Information Act request to each state and integrated secondary school (private/independent schools aren’t covered under the OIA) asking whether they had a policy on same-sex dates would reveal how widespread this was.

I think I was either sick, or school was closed because of some natural event one day, so that’s what I did. I also included a question about events before and after the ball/formal.

I used the TKI schools database and Google Docs, and sent the request to schools that have year 12/13 students to the email address listed as their contact address.

The OIA technically applies to Board of Trustees, but as principals should be on the BOT, and know about what I was asking, I didn’t mind them replying.

Here’s the email:

Subject: Official Information Act Request – School Ball/Formal

Dear Sir/Madam at [school],

If you hold a school ball or formal could you please answer the following questions? Do you have a policy on same-sex dates? If so, could you please email me a copy of that policy?

In the past, has the school banned same-sex dates from attending the school ball or formal? If so, could you please provide details?

Do you have a policy on parties before/after the school ball or formal? If so, could you please email me a copy of that policy?

If you hold a school ball or formal could you please answer the following questions?

Do you have a policy on same-sex dates? If so, could you please email me a copy of that policy? In the past, has the school banned same-sex dates from attending the school ball or formal? If so, could you please provide details?

Do you have a policy on parties before/after the school ball or formal? If so, could you please email me a copy of that policy?

Thank you in advance.

Yours faithfully

Matt Taylor

Over the next few weeks I’ll post some lessons learned and the responses I received back from the schools. Many of the requests/schools are before the Ombudsmen (like Idiot/Savant predicted, schools have minimal experience with the OIA [see below]). I’ll post the result of those when I get them.

John Holley from Liston College: “Firstly an apology on the delay beyond the 20 days for you OIA request. This is the first formal OIA request the school has had to deal with in a long time (if ever) so the staff were unsure how to deal with it.” [response to questions was below this]

Below are some interesting responses from some schools.

Spam

Some schools reported not receiving my original email. This might have been because of spam filters. Organizations need to occasionally flick through their spam folders for non-spam content.

Some schools were angry that I didn’t say who I was working for (no one), and exactly why I wanted the information (for the internets). They’re accountable to the people, and their policies and decisions should be transparent. Their response shouldn’t change depending on who is asking for the information and what they want it for (and the OIA doesn’t require people to disclose reasons for requesting information).

In most cases I replied back saying that it was for a blog post, that they weren’t the only school I was asking and that I don’t work for the media. I don’t think it was inappropriate to hold back information (basically hold the data hostage) before I responded to their questions, or complied with some extra request (like sending them a letter, sending them ID, phoning them etc.), which some schools did. I think this could be interpreted as their fear of the media. Some schools asked for more information about me and responded to the questions in the same email, which was fine.

Penny Mossman from Amuri Area School: “I/we have not received any previous email from your organisation. I do not like the threatening tone of your email [the second one, with the bit about the Ombudsman) and I will not respond to requests from any organisation that has not made itself personally known to us or one that we have no idea who they are.”

Tanya Phillips from Aranui High School: “Can you supply some information for us on this please;

What organisation do you represent? What is this information being used for? Where will this information be published?

As soon as we get that information, I will be more than happy to answer your questions.”

Allan Vester from Edgewater College: “I am not sure about the Official Information Act request? Is this actually an official request or was the header there to get my attention.

I would be happy to answer your questions if I had some understanding of why you want the information?

Just one point on policies. There seems to be some idea that schools have policies for everything “Policy on Student parking” Policy on Towing Away Student Cars” etc.

The actual policies that schools must have as prescribed by the Education Act is actually quite small eg a Policy on Protected Disclosure is a requirement.

I think what you will find is that when people talk about policies they are actually talking about the commonly accepted procedures that the school applies in certain situations? [This is a very good point, I should have probably included procedures and practices in the wording of the emails]

If it is the school ball you are interested in then we will have procedures/ rules about which students or other persons are able to attend the ball, the time they must be at the Ball by, the standard of behaviour required etc but there is no policy on those.”

Murray Burton from Elim Christian College: “In accordance with section 9 (2) (k) of the Official information Act, we respectfully decline your request due to the following.

We at this stage have no information regarding the following:

Who is asking for the information, who they represent, their background etc… For what purpose is this information requested What part of society is represented On what basis do you think your request is covered by the Act

Due to all these unknowns we regretfully feel that your request is of a nature that was not intended as part of the Purpose of this Act. “”

My reply:

“Thanks for your reply. I’ve identified myself as Matt Taylor and I’m not representing an organization.

The Official Information Act doesn’t require me to provide background or extra details on why I’m requesting the information.

I’m not sure what you mean by the society question.

The Official Information Act actually applies to your Board of Trustees, so if you’re not comfortable answering the questions please forward this request to your board’s chair.”

Murray: “As a full member of the Board of Trustees I am happy and authorized to work with you concerning your requests.

I would still like to know the following:

Please outline specifically why you wish to receive this information? What will it be used for?”

Murray: “Please do not think that we are being uncooperative. We realise we need to comply with the law but we are also wise and discerning concerning our school and the release of information hence email process we are following with you is exactly on that basis.

I am more than happy to release your requested information when I am in receipt of your answers to the following questions

Please outline specifically why you wish to receive this information? What will it be used for?”

[I didn’t provide the requested information and the request is currently before the Ombudsman.]

Donna Thian from Ellesmere College: “Before I pass this on for reply please identify who you are and why this is being asked of us.”

Jude Conway from Gisborne Girls’ High School: “I acknowledge receipt of your email requesting clarification of Gisborne Girls’ High School’s policy and procedure in respect of same-sex dates at school formals and parties associated with school formals. School management would be agreeable to answer your enquiries, however we ask if you would first advise the reason for your enquiry and the purpose for which you require the information.”

Roger File from Golden Bay High School: “I would be more than happy to provide that information, without an OIA request, but would like to know what you intend doing with it?”

Sandy Begg from Green Bay High School: “If you wish to have a conversation with me, please contact me on 817 8173 ex 216. I have no idea who your organisation is or who you are.”

Graham Robinson from Hamilton Boys’ High School: “Who do you represent and what is your interest? Are you a former student?” [I thought the former student question was interesting.]

Bruce Hart from Heretaunga College: “Our process around the ball is not a secret and I am quite happy to supply you the information you need. I didn’t respond as I thought your approach lacked common courtesy. All you need do is introduce yourself properly and ask for the information and I would be more than happy to oblige.”

Ron Ballantyne from Hurunui College: [after asking for a copy of the original email] “It might also be nice to know who you are and why you want this information??”

Rosey Mabin from Inglewood High School: “Thank you for both your emails. I do not provide information to people I don’t know. Neither of your emails tells me who you are and for what purpose you require the information. Perhaps you might be courteous to provide that detail.”

My response: “This is for a personal blog post.”

Rosey: “1. Perhaps I could use the same Act to get you to disclose more information about yourself? You seem particularly cagey in being transparent about your request, yet expect that in return from the respondents. 2. It is polite to give some background information when requesting information from strangers. You might like to consider doing so in future. 3. The job of principals is to lead teaching and learning in their schools. Responding to your sort of request is not an effective use of our time.” [response to questions was below this]

Nadia Rose from James Hargest College: “Please send your request to the school in a hard copy with a physical address and we will respond in hard copy to your physical address.”

My response: “Under the Official Information Act, requests aren’t required to be in written/hard copy form. Is there any particular reason why you’d like the request as a hard copy?”

Nadia: [response to questions]

Harold Leask from John Paul II High School: “I do not share such information with unidentified personal. You have provided no information about yourself or your organisation but I’m happy to discuss this issue with the ombudsman.”

Katherine-Mary Molloy from Kaikorai Valley College: “Who are you and under what authority do you ask for this information.”

Debby Peebles from Kaitaia Abundant Life School: “My Principal would like you to send you request in writing, on letterhead, with the official organisation that you belong too.”

Tracy O’Brien from Kavanagh College: “As a matter of policy the College does not respond to this type of official request via email. If you could please land mail your request to The Board Chair, Kavanagh College, 340 Rattray St, PO Box 737, Dunedin 9054 this matter will be responded to as soon as possible. As a matter of courtesy the Board would expect you to identify yourself or the organisation you represent and your interest in this matter. As N.Z school policies are a matter of public record I do not expect any difficulty in this information being released to you as soon as practicable.”

Kaye Saywell from Makoura College: “The Principal has requested that you please advise who you are and why you want this information.

How did you send your original request – was it by email or post? I receive the emails addressed to the College office and open the mail addressed to the Principal and have no record of receiving your original request.”

Dee Whitby from Michael Park School: “We are surprised at the tone of your communication and respectfully point out that your initial request does not request the information as per the Official Information Act [the OIA was mentioned in the subject line, and requests for information should be considered under the OIA whether it is mentioned or not. Regardless, the email should have been replied to mentioning the OIA or not] and it is not yet 20 working days. We frequently receive requests for information and given the busy environment of school life we endeavour to respond as soon as we are able. We also appreciate receiving more information from the sender.” [response to questions was below this]

Barbara Hewitt from Napier Girls’ High School: “Our Principal has requested me to find out who the information is for.”

Jenny Ellis from New Plymouth Girls’ High School: “I am happy to consider responding to your request on receipt of a letter from you that provides details of your business, where you can be contacted and how you intend using the information provided. Our school address is: Private Bag 2049, New Plymouth”

Carolyn Matthews from Otahuhu College: “Your enquiry needs to be in writing and addressed to the Principal. Please allow 20 working days for a response.”

Grant from Paeroa College: “Who are you and why do you want this information?”

Marie Gordon from Palmerston North Girls’ High School: “I am sorry but I have no idea who you are or who you represent. Any request for information such as this can be done so in writing with suitable identification.” [Does she want a scan of my driver licence? I’m not sure.]

My response: “[what the information is for]

The Official Information Act doesn’t require requests to be in writing, so this email request should be fine. Additionally, there is no requirement for identification to be provided with requests.”

Marie: “I am well aware of the OIA….thank you. I am not in the habit of responding to random e-mails….however, as the answers are quite simple…” [response to questions was below this]

David Matthews from Papakura High School: “I am not willing to provide you with the information you have requested without some more information from you. Who are you? What will the information be used for?”

Vaughan Couillault from Papatoetoe High School: “Feel free to give me a call.”

Wayne Wright from Reefton Area School: “Put the request in writing, sign it and post it. We do not deal with official information through electronic networks. Our physical address is 10 Victory Street Reefton 7830”

My response: “Under the Official Information Act, requests aren’t required to be in written/hard copy form. The information requested shouldn’t contain any sensitive information that could be compromised by being sent over email.”

[what the information is for]

Wayne: [response to questions] ‘I don’t know why you choose to use the “Official Information Act” line. I know some schools are pretty guarded about their activities, however in our case we are very busy people trying to make good things happen for our students. If something is not going to directly affect our kids, we don’t usually do it. As for having things in writing. Your electronic signature doesn’t cut the mustard for us [I didn’t send in a physical signature, so I guess it did], that’s our choice and that is highly appropriate for our setting.’

David Ormandy from Rodney College: “I am more than happy to answer your questions but could you please give me some information about yourself and the purpose of your request.”

Jai Kreyl from Rotorua Girls’ High School: “It is not clear from your email who you represent. Please provide more information before I forward your e-mail.”

Helen Fouhy from Sacred Heart College (Napier): “Before I answer any questions I would like to know who a little about you including who you represent, what invested interest you have and what will happen to any information you gather.

Answering emails from an unexplained source is not usually something I would do.”

And Shona Warrington from Sacred Heart College (Napier): “If you would like to pursue this any further, please phone Helen Fouhy to make an appointment to see her to discuss this further.”

Rose Sawaya from Sacred Heart Girls’ College (N Plymouth): “I was not impressed by the follow up version with the threat of the Ombudsman. Nowhere in your correspondence have you explained who you are or what you want the information for. If you are going to impose threats of this nature you should at least explain yourself.”

‘Southland Girls High School’ from Southland Girls’ High School: “With regard to your request below, we would politely point out that threats are not ever appreciated [underlining theirs], certainly when a courteous reminder would more than likely extract the same information.”

and

Deb Hay from Southland Girls High School: “The principal would like to know the reason for your request, and in what capacity you are asking?”

Mandy Page from St Catherines College (Kilbirnie): “Could you please send a paper copy of your request to

Jane Holloway

Principal

St Catherine’s College

POBox 14076

Kilbirnie

Wellington

Please enclose an address for reply mail”

My response: “Under the Official Information Act, requests aren’t required to be in written/hard copy form. Is there any particular reason why you’d like me to mail the request?

Mandy: “Yes I would like it in writing please, just to make it a formal request. That way we have your signature on the letter in case the BOT want to see any correspondence”

Mandy: “Yes and it also states that requests are best made in writing and I am requesting this by written letter rather than email. Thank you.

Requests are best made in writing, but you can ask for the information in person or by telephone too; and

Keep a note of when, how and who you made your request to (and keep a copy of any requests made in writing).”

[The Department of Justice, where the above was quoted from, says requests are best made in writing likely so the information being requested is clear, not because they want people to cut down trees and sign in pen.]

Neal Swindells from St John’s College (Hastings): “I am not prepared to give out information unless I know who I am giving it to. I require a hard copy letter on the letterhead of the organisation who is asking for this information.”

Philip Keenan from Stratford High School: “I have acouple of queries: Why do you want this information and who are you?”

Gina Mason from Taihape Area School: “Could you please let me know who you are, who you are working for and the purpose for your questions.”

Hayley Hodson from Tamatea High School: “I sent you a reply the same day that I received your information request [I never received it, quote below suggests it might not have been sent to me] and asked that you please explain where you are from (what company/business) and for what purpose you are gathering this information.”

I was unsure as the purpose and intent of this email and mistakingly deleted it.

Answers as requested below

Alan Jay Mokoro Gillett from Te Wharekura o Te Rau Aroha: “I am a little reluctant to respond to this email – I am not too sure who you are? Are you from the Ministry of Education? I am ready to send this information to the Hamilton branch to follow up. You do not have any contact details – and this could be a hoax email. So I would prefer that you send me an explanation of who you are, and a phone number, so that I can discuss this issue with you, cordially.”

Hinematua Gillett [same person?]: “Thank you for sending me details regarding your process, but I am not sure whether you are an appropriate person for me to communicate with. My school is a Kura Aho Matua Wharekura, why should I provide you with information regarding our policies? I have not been instructed by the Council to do this. Please explain why I should provide you with these details, otherwise I will not be able to.”

Chris England from Tongariro School: “However so I can provide you with information that more fully answers your needs, could you please give me a little bit of background as to why you require the information, and how it is to be used?”

Kristine Mclachlan from Waimate High School: “Before I answer any questions on behalf of my school I would like you to know that we have not recieved any Official Information Request. We do not respond to threats made and I would like more information about why these questions are being asked. Who are you representing and what do you need the information for?”

Alison Gernhoefer from Westlake Girls’ High School: “I have no difficulty with the information that you require, but I would like to know your credentials and what organisation you represent please.”

Debra Ronke from Woodford House: “We did not reply to your email as you did not introduce yourself or indicate in any way why you wanted the information. I assumed that the email was spam and deleted it. I certainly do not reply to random emails without more information. We would be happy to assist you with your information; however, it would be appropriate if you could explain who you are and what organisation you are from. You are welcome to call me on the number listed below”

Gatekeepers

Correspondence between administration staff and senior management was occasionally forwarded on to me with replies. This correspondence often showed a lack of understanding around the Official Information Act. Here’s an example from Aurora College:

Costs

St Patrick’s College (Silverstream), [correction: not the St Patrick’s that started this], was the only school that requested costs to process the request. Because of the simple nature of the request, no other school asking for costs and their unwillingness to break down the costs for me it seems like they are trying to be difficult and hope that I will lose interest in the request, instead of asking for money because processing the request will cost them money.

Chrissy Fage from St Patrick’s College (Silverstream): “Their is an administration charge of $25 for the secreterial work required in answering this request. On receipt of this cheque, made payable to St Patrick’s College Board of Trustees we will respond to your request.”

Some schools liked making stuff up about the OIA

Denis Slowley from Bayfield High School: “Please note all Official Information Act Requests must be in writing [email is fine] quoting the date of the Act [the Act doesn’t need to be mentioned at all], the purpose of your request [reasons aren’t required] and the specific policies by name [questions are fine]. Such requests cannot be in the form of a fishing question as this one is [see below]” [response to questions was below this]

“The fact that a request is for a large amount of information does not of itself mean that the request lacks due particularity. The term “fishing expedition” appears to have received general recognition in the vocabulary of those concerned with making decisions on requests for information. It should be clearly understood that this term is not recognised in the Act as a withholding reason. If the information requested meets the test of due particularity it cannot be refused simply on the basis that it is considered to be a fishing expedition. The request must be given proper consideration under the Act.”

Tim O’Connor from Palmerston North Boys’ High School: “If you want information from anyone I suggest you write specific requests rather than generic ones that are sent out randomly hoping for responses. You are welcome to complain the Ombudsman and I welcome a response as there are protocols around OIA requests [send in a question?] and you didn’t meet them in your initial e mail. I can’t say I find your approach amiable or holding any pertinance.” [response to questions was below this]

Copyright

David Olivier from St Peter’s College (Palmerston North): “A Reminder about the Procedure remaining the intellectual property of the College and not for reproduction for purposes other than laid out under the Official Information Act.”

This is an interesting statement.

Considering anyone could request the same document from St Peter’s College, I’m going to link to it here (pdf).

Who are you working for??//@@

Terehia Channings from Turakina Māori Girls’ College: “Firstly, please be informed that we have never at any time received an e-mail from you regarding school balls/formals etc…If you insist that you have, then please forward a copy of that e-mail that you sent. All e-mail that are sent to the office e-mail address are received by my PA and she does not recall receiving any such material. Upon receipt of a copy of your e-mail supposedly sent on the 15th June, I will then respond to your Official Information Act Request.”

My response: “Thanks for your reply. The message was possibly intercepted by a spam filter on your end. I could send you a screenshot of the mail merge screen where it says that it sent okay, but that could of course be forged, you seem suspicious of whether I sent the original email. It seems a moot point to debate whether you received the email or not.”

Terehia: “Of course I am going to challenge your e-mail to us as a school due to the fact that you state that you have not received a response from us from your first e-mail, which we did not receive. Secondly, you point out that you can complain to the Ombudsmen if I don’t reply within twenty working days to this e-mail. Please refrain from insinuating that we do not fulfil our legal obligations as a school or myself, as a Principal. I do not appreciate such a demand [replying to three questions!!] being placed on us as school when we did not receive your e-mail on the 15th June. As you know, emails sent can be tracked. We have not found anything that has come from you on the 15th June. Your response to my e-mail would have been acceptable had you just concluded by ending your comments with the mail merge screen declaring that the message was sent. To continue by accusing me of being suspicious [the word supposedly was mentioned] and making the comment of a “moot point to debate” I find offensive. Please send me details of your Manager or Manageress as I would like to take this further. We will respond to the Official Information Act Request at our earliest convenience. I am aware of the timeframe.”

My response: “This is for a personal blog post, I’m not working under a manager.”

Terehia: “Please explain then why we are obligated as a school to complete the survey for a personal blog post. Please forward the documentation that clearly states our obligation as a school.”

My response: “Because of the Official Information Act.”

Terehia: “Please send me the contact details of another person, preferably in a Management position, that I can speak to with regards to your e-mails and the Official Information Act. I just find your approach and manner somewhat rude and disrespectful. I do not believe that you will be the only person collating this information from schools in the country and surely there is a person, a committee or a cluster that you are responsible to.”

My response: “Please forward my request to your Board of Trustee’s chair as the Act applies to the Board.”

Terehia: “That’s fine, I can do that however; I would still like to speak to someone that also collates this information from schools. A person in Management will be great.”

Dominic Killalea from Wellington High School: “I have been forwarded your email requesting information from us. I find your tone aggressive and rude. I’m not sure if that’s how you want to appear. By my reckoning, this is the 9th working day since your request.” [response to questions was below this] and

Two days later, Prue Kelly from Wellington High School: “[response to questions]

Why don’t you research something that is educationally significant”

My response: ‘The Human Rights Commission receives “a number of complaints every year about pupils not being allowed to bring same-sex partners to school balls.”

You might not think something that is effectively homophobia is a very important issue, but I do.’

Prue: “If you knew anything about us you would know that we began the schools out programme”

Rod Harris from Christian Renewal School: “The reason why I did not respond is that we do not have a school ball.

Your request is that If [bolding, italicizing, underlining his] you hold a school ball or formal, could you please answer the following questions? The implication is clear that I only needed to respond if we held a school ball. [The question was worded poorly, but I think most organizations reply to emails to confirm they received them, unless they’re purposely ignoring them.]

To have an expectation for me to respond (as the threat of complaint to the ombudsman) makes the assumption that we do hold a ball. Because as a teaching Principal, I have little time for administration, and having the proliferation of e-mails that come into my e-mail from all different types of sources, I do not respond to e-mails unless I have to.

Next time could you please ensure that you phrase your question accurately to solicit the response that you require.”

Tina Johnson from Murchinson Area School: “We don’t hold a school ball – might of course be why we didn’t answer your questions?”

Earthquake guilt trip

Jan Croft or Sue Hume from Avonside Girls’ High: [I’m assuming Sue Hume is the principal who wrote it and Jan forwarded it on] “I would like you to understand that we are rather busy just now.

We are living in the midst of earthquakes. Our school is badly damaged.

Our girls travel across the city to learn at another school.

We are working really hard to re-establish our school in our community for next year. There are many, many difficulties and challenges.

School formals and after parties are not what is at the forefront of our minds.

From my understanding, there are a number of working days left for me to respond to your request.

A more conciliatory and appreciative tone might be more likely to elicit the response that you seek.”

This isn’t a debate about whether child sex abuse is right or wrong. You know it’s wrong, I know it’s wrong, we all know it’s wrong. This is a debate about censorship.

New Zealand has an internet blacklist. A list of content that, if your internet service provider has decided to be part of the filtering project, you can’t access. Images of child sexual abuse are meant to be the only stuff blocked, but the list is secret, censorship decisions happen in private and if international experience is anything to go by, other content has a habit of turning up blacklisted.

“The filtering system is also a tool to raise the public’s awareness of this type of offending and the harm caused to victims. The Group agreed that this particular aspect of the filter needs to be more clearly conveyed to the public.”

So basically, it’s to make it seem like they’re doing something, because it doesn’t actually prevent people from accessing child sex abuse images.

How it works

A list of objectionable sites is maintained by the Department. If someone using an ISP that’s participating in the filter tries to access an IP address on the filter list, they’ll be directed to the Department’s system. The full URL will then be checked against the filtering list. If the URL has been filtered, users end up at this page. The user can appeal for the site to be unfiltered, but no appeals have been successful yet (and some of the things people have typed into the appeal form are actually quite disturbing).

I assume, for the ISPs providing a mobile data service, the filter is being applied there too.

Why the filter is stupid

Child pornography is not something someone stumbles upon on the internet. Ask anyone who has used the internet whether they have innocently stumbled upon it. They won’t have.

It’s easy to get around. The filter doesn’t target protocols other than HTTP. Email, P2P, newsgroups, FTP, IRC, instant messaging and basic HTTPS encryption all go straight past the filter, regardless of content. Here’s NetClean’s brochure on WhiteBox (pdf), and another (pdf). Slightly more technical, but still basic tools like TOR also punch holes in the filter. The filter is not stopping anyone who actually wants to view this kind of material.

A much more effective use of time and money is to try to get the sites removed from the internet, or you know, track down the people sharing the material. Attempts to remove child sex abuse material from web hosts will be supported by a large majority of hosts and overseas law enforcement offices.

It is clear that the DIA don’t do this regularly. They’re more concerned with creating a list of URLs.

“Additionally 18% of the users originated from search engines such as google images.”

Google would take down child sex abuse images from search results extremely fast if they were made aware of them. And it is actually extremely irresponsible for the DIA not to report those images to Google.

Update: The DIA say they used Google Images as an example, and that they do let Google know about content they are linking to.

“The CleanFeed [the DIA uses NetClean, not Cleanfeed] design is intended to be extremely precise in what it blocks, but to keep costs under control this has been achieved by treating some traffic specially. This special treatment can be detected by end users and this means that the system can be used as an oracle to efficiently locate illegal websites. This runs counter to its high level policy objectives.” Richard Clayton, Failures in a Hybrid Content Blocking System (pdf).

It might be possible to use the filter to determine a list of blocked sites, thus making the filter a directory or oracle for child sex content (however, it’s unlikely people interested in this sort of content actually need a list). Theoretically one could scan IP addresses of a web hosting service with a reputation for hosting illegal material (the IWF have said that 25% of all websites on their list are located in Russia, so a Russian web host could be a good try). Responses from that scan could give up IP addresses being intercepted by the filter. Using a reverse lookup directory, domain names could be discovered that are being directed through the filter. However, a domain doesn’t have to contain only offending content to be sent through the DIA’s system. Work may be needed to drill down to the actual offending content on the site. But this would substantially reduce the effort of locating offending content.

Child sex abuse sites could identify DIA access to sites and provide innocuous images to the DIA and child sex abuse images to everyone else. It is possible that this approach is already happening overseas. The Internet Watch Foundation who run the UK’s list say in their 2010 annual report that “88.7%­ of all­ reports­ allegedly­ concerned­ child­ sexual abuse­ content­ and­ 34.4%­ were­ confirmed­ as such­ by­ our­ analysts”.

Someone could just use an ISP not participating in the filter. However people searching for this content likely know they can be traced and will likely be using proxies etc. anyway. Using proxies means they could access filtered sites through an ISP participating in the filter as well.

It is hard (practically, and mentally) for three people to keep on top of child sex abuse sites that, one would assume, change locations at a frequent pace, while, apparently, reviewing every site on the list monthly.

Anonymity

The Code of Practice says:

“6.1 During the course of the filtering process the filtering system will log data related to the website requested, the identity of the ISP that the request was directed from, and the requester’s IP address. 6.2 The system will anonymise the IP address of each person requesting a website on the filtering list and no information enabling the identification of an individual will be stored.”

“6.5 Data shall not be used in support of any investigation or enforcement activity undertaken by the Department.” and that

“5.4 The process for the submission of an appeal shall: • be expressed and presented in clear and conspicuous manner; • ensure the privacy of the requester is maintained by allowing an appeal to be lodged anonymously.”

Anonymity seems to be a pretty key message throughout the Code of Practice.

“When a request to access a website on the filtering list is blocked the system retains the IP address of the computer from which the request originated. This information is retained for up to 30 days for system maintenance releases and then deleted.” [emphasis mine]

Update: The DIA says that the IP address is changed to 0.0.0.0 by the system.

The site that people are directed to when they try to access a URL on the blacklist (http://dce.net.nz) is using Google Analytics. The DIA talk the talk about the privacy and anonymity around the filter, but they don’t walk the walk by sending information about New Zealand internet users to Google in the United States. It’s possible this is how the DIA gets the data on device type etc. that they use in their reports. Because anyone can simply visit the site (like me, just now) those statistics wouldn’t be accurate.

“Andrew Bowater asked whether the Censorship Compliance Unit can identify whether a person who is being prosecuted has been blocked by the filtering system. Using the hash value of the filtering system’s blocking page, Inspectors of Publications now check seized computers to see if it has been blocked by the filtering system. The Department has yet to come across an offender that has been blocked by the filter.”

I’m not exactly sure what they mean by hash value, but this would seem to violate the “no information enabling the identification of an individual will be stored” principle.

Update: They are searching for the fingerprint of content displayed by the blocking page. It doesn’t seem like they could match up specific URL requests, just that the computer had visited the blocking page.

Where did these 6500 URLs disappear to (or more accurately, why did they disappear?). What was being erroneously blocked during the trial period, or was 7000 just a nice number to throw around to exaggerate the likelihood of coming across child sex abuse images (though, even with 7k sites, the likelihood still would have been tiny)?

“The technology for internet filtering causes delays for all internet users. And unfortunately those who are determined to get around any filter will find a way to do so. Our view is that educating kids and parents about being safe on the internet is the best way of tackling the problem.”’

“Aware that the inclusion of drawings or computer generated images of child sexual abuse may be considered controversial, officials advised that there are 30 such websites on the filtering list [that number is now higher, 82 as of December 2011]. Nic McCully advised that officials had submitted computer generated images for classification and she considered that only objectionable images were being filtered.”

The arguments around re-victimization kind of fall apart when you’re talking about a drawing.

“The Group was asked to look at a child model website in Russia. The young girl featured on the site appears in a series of 43 photo galleries that can be viewed for free. Apparently the series started when the girl was approximately 9 years old, with the latest photographs showing her at about 12 years old. The members’ part of the site contains more explicit photos and the ability to make specific requests. While the front page of the website is not objectionable, the Group agreed that the whole purpose of the site is to exploit a child and the site can be added to the filter list.”

Clearly illegal, objectionable images of child sexual abuse? No, but we think it should be filtered so we went and did that.

Dodgy DIA

The DIA was secretive about the filter being introduced in the first place. Their first press release about it was two years after a trial of the system started. I wonder how many of those customers using an ISP participating in the trial knew their internet was being filtered during that time?

The Independent Reference Group is more interesting than independent. Steve O’Brien is a member of the group. He’s the manager of the Censorship Compliance Unit. To illustrate this huge conflict of interest, he is the one who replies to Official Information Act requests about the filter. Because the Censorship Compliance Unit operate it.

“The Group was advised that the issue of Steve O’Brien’s membership had been raised in correspondence with the Minister and the Department. Steve O’Brien offered to step down if that was the wish of the Group and offered to leave the room to allow a discussion of the matter. The Group agreed that Steve O’Brien’s continued membership makes sense.” [emphasis mine]

That was the only explanation given. That it makes sense that he is a member. Of the group that is meant to be independent.

Additionally, the DIA seems to have accidentally deleted some reports that they should have been keeping.

“Last year we used the Official Information Act to ask for copies of the reports that the inspectors [have] used to justify banning the websites on the list. The DIA refused. After we appealed this refusal to the Ombudsman, the DIA then said that those records had been deleted and therefore it was impossible for them to give them to us anyway. The Department has an obligation under the Public Records Act to keep such information.

We complained to the Chief Archivist, who investigated and confirmed that the DIA had deleted public records without permission. He told us that the DIA has promised to do better in the future, but naturally this didn’t help us access the missing records.”

List review

The Code of Practice says:

“4.3 The list will be reviewed monthly, to ensure that it is up to date and that the possibility of false positives is removed. Inspectors of Publications will examine each site to ensure that it continues to meet the criteria for inclusion on the filtering list.”

It’s unlikely this actually happens.

Here’s some statistics of how many URLs have been removed.

December 2011 267 removed

August 2011 0 removed

April 2011 108 removed

It’s impossible that between April and August there were no URLs to remove.

“The list has been completely reviewed and sites that are no longer accessible or applicable (due to the removal of Child Exploitation Material) have been removed.”

The Independent Reference Group has the power to review sites themselves. But in at least one case, they chose not to:

“Members of the Group were invited to identify any website that they wish to review. They declined to do so at this stage.”

The filter isn’t covered by existing law and didn’t pass through Parliament. Appropriate checks and balances have not taken place. The DIA did this on their own.

By law, the Classification Office has to publish its decisions, which they do. The DIA’s filter isn’t covered under any law, and they refuse to release their list. The DIA say that people could use the list to commit crimes, but the people looking for this material will have already found it.

What if the purpose of the filter changes? The DIA introduced it without a law change, the DIA can change it without a law change. What if they say “if ISPs don’t like it, they can opt out of the filter”? How many ISPs will quit?

The only positive is that the filter is opt in for ISPs. Please support the ISPs that aren’t using the filter. Support them when they’re accused of condoning child pornography, and support them when someone in government decides that the filter should be compulsory for all ISPs.

Side note: why does all of the software on the DIA’s family protection list, bar one, cost money? There is some excellent, or arguably better, free software available. There’s even a free version of SiteAdvisor, but the DIA link to the paid one. Keep in mind that spying on your kids is creepy. Talk to them, don’t spy. The video for Norton Online Family hilariously and ironically goes from saying “This collaborative approach makes more sense than simply spying on your child’s internet habits [sitting down and talking — which is absolutely correct]” to talking about tracking web sites visited, search history, social networking profiles, chat conversations and then how they can email you all about them. Seriously. Stay away.